Saturday, December 22, 2012

Rule of law in Somaliland

- Somaliland completed two decades of state-building since the proclamation of the
Somaliland republic in Burao on 18 may 1991. It has also to its credit eleven
years of judicial development since the adoption the national constitution
31/may/2001.

Since the independence republic of Somaliland in
18/May/1991, we have strived essential steps that developing the national
domestic laws and it’s important in all aspects of our life through the
constitutional guarantees and Somaliland preceded eight years of democratization
adopted in 31 May/2001.

Since the independence of the republic of Somaliland in
1991, there is a lot of universities whether public or private universities in
different regions in Somaliland. However, the legal professions in Somaliland
are sharply increasing every academic year from different universities in
Somaliland. Nowadays, there is full legal professional engagement in the
judiciary and justice institutions.

Everyone has a rights in everywhere as a person
before the law…all somalilanders are equal before the law… everyone is entitled
in full equality to a fair trial and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations of any
criminal charge against him….

Everyone charged with a penal offence has the
right to be presumed innocent until proven guilty according criminal procedure
at which he has had account of any act or omission which not constitute a penal
offence by the Somaliland courts.

Although there is a lot of weaknesses and
challenges faces the promotion of justice primarily the Somaliland traditional
norms violates many rights of the individual rights, in terms of clan based
justice proceeding, the most victims of the traditional norms are the women and
children, because they loses their rights in many criminal cases such as rape
cases.

The rule of law is the major instrument to avoid
a crime and chaos in a society. It refers to a government based on principles of
law and not of men. Rule of law is the antithesis of arbitrary power.

Rule of law depends on the effectiveness of the
judiciary and should work impartiality. If the laws are not clear or they are
unfair or if the justice system favors some people, the rule of law will break
down.

Rule of law refers to principle of constitutional
democracies, which states that the law is above all also, and that everyone,
both citizens are government, must comply with it. Without rule of law we could
have anarchy. Both the government and individuals could violate the rights of
other people.